JUDGMENT

The petitioner herein is the defacto complainant in Ext.P1 Crime No.808/2010 of Pandalam police station for offences punishable under sections 304A read with section 34 IPC.

2. The ten year old daughter of the petitioner herein was admitted in the 5th respondent hospital on 2/8/2010 with complaints of abdominal pain and vomiting. She was seen by CMO in the causality and at 10.20.a.m., she was administered injection. Since the patient showed discomfort, she was admitted as impatient at 1.20.p.m. At 2.20.p.m., on the advise of the doctor who was treating her, injection Bigtum 600 m.g. IV and injection Rantac 0.5 cc IV were administered. At 2.25 p.m., the patient showed generalized discomfort and the duty doctor was called. She was immediately shifted to the critical care unit at 2.30 p.m. Since the condition of the girl worsened, she was shifted for expert management, to the Medical Trust Hospital, Ernakulam on 3/8/2010 along with mechanical ventilation. The child continued to be in the critical care, unit, till 5/8/2010. On that day, at 9.50 p.m. she expired. On the same day, at 11.30 a. m, considering the condition of the child, the petitioner laid a complaint to the police